وإن قال : "أعظم الله أجرك ، وأحسن عزاءك وغفر لميتك" فحسن
| Reference | : Hisn al-Muslim 162 |
Yahya related to me from Malik from Hisham ibn Urwa from his father from Humran, the mawla of Uthman ibn Affan, that Uthman ibn Affan was once sitting on the Maqaid (the benches surrounding the Madina Mosque, or else a stone near Uthman ibn Affan's house where he sat to discuss with people), when the muadhdhin came and told him that it was time for the asr prayer. He called for water and did wudu. Then he said, "By Allah, I shall tell you something which I would not tell you if it were not in the Book of Allah. I heard the Messenger of Allah, may Allah bless him and grant him peace, say, 'If a man does wudu, and makes sure he does it correctly, and then does the prayer, he will be forgiven everything that he does between then and the time when he prays the next prayer.' "
Yahya said that Malik said, "I believe he meant this ayat - 'Establish prayer at the two ends of the day and in some watches of the night. Good actions take away wrong actions. That is a reminder for those who remember.' " (Sura 11 ayat 114).
| USC-MSA web (English) reference | : Book 2, Hadith 30 |
| Arabic reference | : Book 2, Hadith 60 |
Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah that Abdullah ibn Muhammad ibn Abi Bakras-Siddiq told Abdullah ibn Umar from A'isha, that the Prophet, may Allah bless him and grant him peace, said, "Don't you see that when your people built the Kaba they fell short of the foundations of Ibrahim?" A'isha said, "Messenger of Allah, won't you return it to the foundations of Ibrahim?" and the Messenger of Allah, may Allah bless him and grant him peace, said, "If it were not that your people have only recently left kufr, I would have done so."
Salim ibn Abdullah said that Abdullah ibn Umar said, "If A'isha heard this from the Messenger of Allah, may Allah bless him and grant him peace, then I consider that the Messenger of Allah, may Allah bless him and grant him peace, only refrained from greeting the two corners which are adjacent to the Hijr because the House had not been completed on the foundations of Ibrahim." (i.e. the corners he did not touch were not the original corners of the Kaba) .
| USC-MSA web (English) reference | : Book 20, Hadith 105 |
| Arabic reference | : Book 20, Hadith 808 |
Yahya related to me from Malik that
Yahya ibn Said heard Ata ibn Abi Rabah mentioning that the camel-herders were allowed to throw the stones at night, and saying that this was in the early period (of Islam).
Malik said, "The explanation of the hadith where the Messenger of Allah, may Allah bless him and grant him peace, allowed the camel-herders to delay the stoning of the jamras is, in our view, and Allah knows best, that they threw stones on the day of sacrifice, and then threw again two days later, which was the first possible day for leaving, and this throwing was for the day which had passed. They then threw again for the day itself, because it is only possible for someone to make up for something which is obligatory for him, and when something obligatory passes someone by (without him doing it) he must necessarily make it up afterwards (and not beforehand). So (in the case of the camel-herders), if it seemed appropriate for them to leave that day, they would have done all that they were supposed to do, and if they were to stay until the following day, they would throw stones with everybody else on the second and last day for leaving, and then leave."
| USC-MSA web (English) reference | : Book 20, Hadith 228 |
| Arabic reference | : Book 20, Hadith 925 |
Yahya related to me that Malik said that he had heard that Umar ibn Abd al-Aziz used to say, "The man on horse-back has two shares, and the man on foot has one."
Malik added, "I continue to hear the same."
Malik, when asked whether a man who was present with several horses took a share for all of them, said, "I have never heard that. I think that there is only a share for the horse on which he fought."
Malik said, "I think that foreign horses and half-breeds are considered as horses because Allah, the Blessed, the Exalted, said in His Book, 'All horses, and mules, and asses, for you to ride, and as an adornment.' (Sura16 ayat 8). He said, the Mighty, the Majestic, 'Make ready for them whatever force and strings of horses you can, to terrify thereby the enemy of Allah and your enemy.' (Sura 8 ayat 60). I think that foreign breeds and half-breeds are considered as horses if the governor accepts them."
Said ibn al-Musayyab was asked about working horses, and whether there was zakat on them. He said, "Is there any zakat on horses.?"
| USC-MSA web (English) reference | : Book 21, Hadith 21 |
| Arabic reference | : Book 21, Hadith 982 |
Yahya said that he heard Malik speak about two men who had a pledge between them. One of them undertook to sell his pledge, and the other one had asked him to wait a year for his due. He said, "If it is possible to divide the pledge, and the due of the one who asked him to wait will not be decreased, half the pledge which is between them is sold for him and he is given his due. If it is feared that his right will be decreased, all the pledge is sold, and the one who undertook to sell his pledge is given his due from that. If the one who asked him to wait for his due is pleased in himself, half of the price is paid to the pledger. If not, the pledgee is made to take an oath that he only asked him to wait so that he could transfer my pledge to me in its form.' Then he is given his due immediately."
Yahya said that he heard Malik say about a slave whose master had pledged him and the slave had property of his own, "The property of the slave is not part of the pledge unless the broker stipulates that."
| USC-MSA web (English) reference | : Book 36, Hadith 13 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 149 |
| In-book reference | : Book 2, Hadith 1 |
| English translation | : Vol. 1, Book 2, Hadith 149 |
| Grade: | Da'if (Darussalam) |
| Reference | : Jami` at-Tirmidhi 2457 |
| In-book reference | : Book 37, Hadith 43 |
| English translation | : Vol. 4, Book 11, Hadith 2457 |
That the Prophet (saws) said: "Procrastination (in paying a debt) by a rich person is oppression. So if your debt is transfered from your debtor you should agree, and do not make two sales in one sale."
[Abu 'Eisa said:] The Hadith is the Abu Hurairah (no. 1308) is a Hasan Sahih Hadith. And its meaning is that when the debt of one of you is transferred then agree. Some of the people of knowledge said when a man is offered to transfer his debt to a rich man and he does so, then the transferor is free of it, he is not to seek its return from the transferor. This is the view of Ash-Shafi'i, Ahmad, and Ishaq. Some of the people of knowledge said: "When this wealth could not be collected due to bankruptcy of the one it was transferred to, then he may seek its return to the first one." They argue this view with the saying of 'Uthman and others, when they said: "There is nothing due on a Muslim's wealth that is lost." Ishaq said: "The meaning of this Hadith: 'There is nothing due on a Muslim's wealth that is lost' this is when a man transfers it to another whom he thinks is wealthy, then he becomes bankrupt, so there is nothing due on the Muslim's wealth that is lost."
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1309 |
| In-book reference | : Book 14, Hadith 112 |
| English translation | : Vol. 1, Book 12, Hadith 1309 |
| Grade: | (Da'of (Darussalam) [ because of the weakness of 'Ali bin Zaid bin Jud'an] (Darussalam) |
| Reference | : Musnad Ahmad 129 |
| In-book reference | : Book 2, Hadith 47 |
| Grade: | Sahih (Darussalam), al-Bukhari (3685) and Muslim (2389)] (Darussalam) |
| Reference | : Musnad Ahmad 898 |
| In-book reference | : Book 5, Hadith 327 |
وَرَوَاهُ الدَّارِمِيُّ عَنْ أَبِي عُبَيْدٍ إِلَّا أَنَّهُ لَمْ يَذْكُرْ: ثُمَّ دَعَا بِمَاءٍ إِلَى آخِرِهِ
| ضَعِيف, ضَعِيف (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 327, 328 |
| In-book reference | : Book 3, Hadith 41 |
| لم تتمّ دراسته (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3299 |
| In-book reference | : Book 13, Hadith 213 |
وَفِي رِوَايَةٍ لَهُ عَنْ أَنَسٍ قَالَ: «تَرَى فِيهِ أَبَارِيقَ الذَّهَبِ وَالْفِضَّةِ كَعَدَدِ نُجُومِ السَّمَاءِ»
وَفِي أُخْرَى لَهُ عَنْ ثَوْبَانَ قَالَ: سُئِلَ عَنْ شَرَابِهِ. فَقَالَ:
" أَشَدُّ بَيَاضًا مِنَ اللَّبَنِ وَأَحْلَى مِنَ الْعَسَلِ يَغُتُّ فِيهِ مِيزَابَانِ يَمُدَّانِهِ مِنَ الْجَنَّةِ: أَحَدُهُمَا مِنْ ذَهَبٍ وَالْآخَرُ مِنْ ورق "| صَحِيحٌ, صَحِيح, صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 5568, 5569, 5570 |
| In-book reference | : Book 28, Hadith 46 |
| Reference | : Mishkat al-Masabih 5726 |
| In-book reference | : Book 28, Hadith 196 |
وَعَن أبي عُبَيدةَ أَنَّهُ قَالَ: سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَقُولُ: «خَالِدٌ سَيْفٌ مِنْ سُيُوفِ اللَّهِ عَزَّ وَجَلَّ وَنِعْمَ فَتَى الْعَشِيرَةِ» . رَوَاهُمَا أَحْمد
| صَحِيح, صَحِيح (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 270 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 0 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Sunnah.com reference | : Book 30, Hadith 203 |
| English translation | : Book 26, Hadith 0 |
| Arabic reference | : Book 30, Hadith 6189 |
Narrated Salamah ibn Sakhr al-Bayadi:
I was a man who was more given than others to sexual intercourse with women. When the month of Ramadan came, I feared lest I should have intercourse with my wife, and this evil should remain with me till the morning. So I made my wife like my mother's back to me till the end of Ramadan. But one night when she was waiting upon me, something of her was revealed. Suddenly I jumped upon her. When the morning came I went to my people and informed them about this matter.
I said: Go along with me to the Messenger of Allah (saws).
They said: No, by Allah. So I went to the Prophet (peace be upon him and informed him of the matter.
He said: Have you really committed it, Salamah? I said: I committed it twice, Messenger of Allah. I am content with the Commandment of Allah, the Exalted; so take a decision about me according to what Allah has shown you.
He said: Free a slave. I said: By Him Who sent you with truth, I do not possess a neck other than this: and I struck the surface of my neck.
He said: Then fast two consecutive months. I said: Whatever I suffered is due to fasting.
He said: Feed sixty poor people with a wasq of dates.
I said: By Him Who sent you with truth, we passed the night hungry; there was no food in our house.
He said: Then go to the collector of sadaqah of Banu Zurayq; he must give it to you. Then feed sixty poor people with a wasq of dates; and you and your family eat the remaining dates. Then I came back to my people, and said (to them): I found with you poverty and bad opinion; and I found with the Prophet (saws) prosperity and good opinion. He has commanded me to give alms to you.
Ibn al-Ala' added: Ibn Idris said: Bayadah is a sub-clan of Banu Zurayq.
| Grade: | Hasan (Al-Albani) | حسن (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2213 |
| In-book reference | : Book 13, Hadith 39 |
| English translation | : Book 12, Hadith 2207 |
Narrated Sahl ibn al-Hanzaliyyah:
On the day of Hunayn we travelled with the Messenger of Allah (saws) and we journeyed for a long time until the evening came. I attended the prayer along with the Messenger of Allah (saws).
A horseman came and said: Messenger of Allah, I went before you and climbed a certain mountain where saw Hawazin all together with their women, cattle, and sheep, having gathered at Hunayn.
The Messenger of Allah (saws) smiled and said: That will be the booty of the Muslims tomorrow if Allah wills. He then asked: Who will be on guard tonight?
Anas ibn AbuMarthad al-Ghanawi said: I shall , Messenger of Allah. He said: Then mount your horse. He then mounted his horse, and came to the Messenger of Allah (saws).
The Messenger of Allah said to him: Go forward to this ravine till you get to the top of it. We should not be exposed to danger from your side. In the morning the Apostle of of Allah (saws) came out to his place of prayer, and offered two rak'ahs. He then said: Have you seen any sign of your horseman?
They said: We have not, Messenger of Allah. The announcement of the time for prayer was then made, and while the Messenger of Allah (saws) was saying the prayer, he began to glance towards the ravine. When he finished his prayer and uttered salutation, he said: Cheer up, for your horseman has come. We therefore began to look between the trees in the ravine, and sure enough he had come.
He stood beside the Messenger of Allah (saws), saluted him and said: I continued till I reached the top of this ravine where the Messenger of Allah (saws) commanded me, and in the morning I looked down into both ravines but saw no one.
The Messenger of Allah (saws) asked him: Did you dismount during the night?
He replied: No, except to pray or to relieve myself. The Messenger of Allah (saws) said: You have ensured your entry to (Paradise). No blame will be attached to you supposing you do not work after it.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2501 |
| In-book reference | : Book 15, Hadith 25 |
| English translation | : Book 14, Hadith 2495 |
| صحيح ق لكن قوله وبدأ رسول الله صلى الله عليه وسلم فأهل بالعمرة ثم أهل بالحج شاذ (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 1805 |
| In-book reference | : Book 11, Hadith 85 |
| English translation | : Book 10, Hadith 1801 |
Abu Musa reported:
Abu Dawud said: Sulaiman b. Musa has narrated this tradition about the time of the Maghrib prayer from Musa from 'Ata on the authority of Jabir from the Prophet (saws). This version adds: He then offered the Isha prayer when a third of the night had passed, as narrated (he said the Isha prayer) when half the night had passed.
This tradition has been transmitted by Ibn Buraidah on the authority of his father from the Prophet (saws) in a similar way.
| Grade: | Sahih (Al-Albani) | صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 395 |
| In-book reference | : Book 2, Hadith 5 |
| English translation | : Book 2, Hadith 395 |
| Grade: | Hasan Sahih (Al-Albani) | حسن صحيح (الألباني) | حكم : |
| Reference | : Sunan Abi Dawud 2752 |
| In-book reference | : Book 15, Hadith 276 |
| English translation | : Book 14, Hadith 2746 |
| Grade: | Da'if Isnād (Zubair `Aliza'i) |
| Reference | : Ash-Shama'il Al-Muhammadiyah 75 |
| In-book reference | : Book 10, Hadith 2 |
| Sunnah.com reference | : Book 2, Hadith 28 |
| English translation | : Book 2, Hadith 0 |
| Arabic reference | : Book 2, Hadith 174 |
| Sunnah.com reference | : Book 2, Hadith 436 |
| English translation | : Book 2, Hadith 504 |
| Arabic reference | : Book 2, Hadith 506 |
| Reference | : Sunan Ibn Majah 2336 |
| In-book reference | : Book 13, Hadith 29 |
| English translation | : Vol. 3, Book 13, Hadith 2336 |
| Grade: | Hasan (Darussalam) |
| Reference | : Sunan Ibn Majah 3121 |
| In-book reference | : Book 26, Hadith 2 |
| English translation | : Vol. 4, Book 26, Hadith 3121 |
| Grade: | Da’if (Darussalam) |
| Reference | : Sunan Ibn Majah 2778 |
| In-book reference | : Book 24, Hadith 26 |
| English translation | : Vol. 4, Book 24, Hadith 2778 |
| Sunnah.com reference | : Book 4, Hadith 22 |
| English translation | : Book 4, Hadith 642 |
| Arabic reference | : Book 4, Hadith 620 |
| Sunnah.com reference | : Book 2, Hadith 238 |
| English translation | : Book 2, Hadith 332 |
| Arabic reference | : Book 2, Hadith 337 |
Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz during his khalifate, wrote to one of his governors, "Whatever a father, or guardian, who gives someone in marriage, makes a condition in the way of unreturnable gift or of favour, belongs to the woman if she wants it."
Malik spoke about a woman whose father gave her in marriage and made an unreturnable gift a condition of the bride-price which was to be given. He said, "Whatever is given as a condition by which marriage occurs belongs to the woman if she wants it. If the husband parts from her before the marriage is consummated, the husband has half of the unreturnable gift by which the marriage occurred."
Malik said about a man who married off his young son and the son had no wealth at all, that the bride- price was obliged of the father if the young man had no property on the day of marriage. If the young man did have property the bride- price was taken from his property unless the father stipulated that he would pay the bride-price. The marriage was affirmed for the son if he was a minor only if he was under the guardianship of his father.
Malik said that if a man divorced his wife before he had consummated the marriage and she was a virgin, her father returned half of the bride-price to him. That half was permitted to the husband from the father to compensate him for his expenses.
Malik said that that was because Allah, the Blessed, the Exalted, said in His Book, "Unless they (women with whom he had not consummated marriage) make remission or he makes remission to him in whose hand is the knot of marriage." (Sura 2 ayat 237). (He being the father of a virgin daughter or the master of a female slave.)
Malik said, "That is what I have heard about the matter, and that is how things are done among us."
Malik said that a jewish or christian woman who was married to a jew or christian and then became muslim before the marriage had been consummated, did not keep anything from the bride-price.
Malik said, "I do not think that women should be married for less than a quarter of a dinar. That is the lowest amount for which cutting off the hand is obliged ."
| USC-MSA web (English) reference | : Book 28, Hadith 11 |
| Arabic reference | : Book 28, Hadith 1104 |
Malik said, "The generally agreed-on way of doing things among us in the case of slave whose master makes a bequest to free part of him - a third, a fourth, a half, or any share after his death, is that only the portion of him is freed that his master has named. This is because the freeing of that portion is only obliged to take place after the death of the master because the master has the option to withdraw the bequest as long as he lives. When the slave is freed from his master, the master is a testator and the testator only has access to free what he can take from his property, being the third of the property he is allowed to bequeath, and the rest of the slave is not free because the man's property has gone out of his hands. How can the rest of the slave which belongs to other people be free when they did not initiate the setting free and did not confirm it and they do not have the wala' established for them? Only the deceased could do that. He was the one who freed him and the one for whom the wala' was confirmed. That is not to be borne by another's property unless he bequeaths within the third of his property what remains of a lave to be freed. That is a request against his partners and inheritors and the partners must not refuse the slave that when it is within the third of the dead man's property because there is no harm in that to the inheritors."
Malik said, "If a man frees a third of his slave while he is critically ill, he must complete the emancipation so all of him is free from him, if it is within the third of his property that he has access to, because he is not treated in the same way as a man who frees a third of a slave after his death, because had the one who freed a third of his slave after his death lived, he could have cancelled it and the slave's being set free would be of no effect. The master who made the freeing of the third of the slave irrevocable in his illness, would still have to free all of him if he lived. If he died, the slave would be set free within the third of the bequest. That is because the command of the deceased is permissible in his third as the command of the healthy is permissible in all his property."
| USC-MSA web (English) reference | : Book 38, Hadith 1 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 3600 |
| In-book reference | : Book 48, Hadith 231 |
| English translation | : Vol. 6, Book 46, Hadith 3600 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3249 |
| In-book reference | : Book 13, Hadith 167 |
Malik related to me from Ibn Shihab from Sulayman ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, used to send Abdullah ibn Rawaha to Khaybar, to assess the division of the fruit crop between him and the jews of Khaybar.
The jews collected for Abdullah pieces of their women's jewellery and said to him, "This is yours. Go light on us and don't be exact in the division!"
Abdullah ibn Rawaha said, "O tribe of jews! By Allah! You are among the most hateful to me of Allah's creation, but it does not prompt me to deal unjustly with you. What you have offered as a bribe is forbidden. We will not touch it." They said, "This is what supports the heavens and the earth."
Malik said, "If a share-cropper waters the palms and between them there is some uncultivated land, whatever he cultivates in the uncultivated land is his."
Malik said, "If the owner of the land makes a condition that he will cultivate the uncultivated land for himself, that is not good because the sharecropper does the watering for the owner of the land and so he increases the owner of the land in property (without any return for himself)."
Malik said, "If the owner stipulates that the fruit crop is to be shared between them, there is no harm in that if all the maintenance of the property - seeding, watering and case, etc. - are the concern of the sharecropper.
If the share-cropper stipulates that the seeds are the responsibility of the owner of the property - that is not permitted because he has stipulated an outlay against the owner of the property. Share-cropping is conducted on the basis that all the care and expense is outlayed by the share-cropper, and the owner of the property is not obliged anything. This is the accepted method of share-cropping."
Malik spoke about a spring which was shared between two men, and then the water dried up and one of them wanted to work on the spring and the other said, "I don't have the means to work on it." He said, "Tell the one who wants to work on the spring, 'Work and expend. All the water will be yours. You will have its water until your companion brings you half of what you have spent. If he brings you half of what you have spent, he can take his share of the water.' The first one is given all the water, because he has spent on it, and if he does not reach anything by his work, the other has not incurred any expense."
Malik said, "It is not good for a share-cropper not to expend anything but his labour and to be hired for a share of the fruit while all the expense and work is incurred by the owner of the garden, because the share-cropper does not know what the exact wage is going to be for his labour, whether it will be little or great."
Malik said, "No-one who lends a qirad or grants a share-cropping contract, should exempt some of the wealth, or some of the trees from his agent, because, by that, the agent becomes his hired man. He says, 'I will grant you a share-crop provided that you work for me on such- and-such a palm - water it and tend it. I will give you a qirad for such-and-such money provided that you work for me with ten dinars. They are not part of the qirad I have given you.' That must not be done and it is not good. This is what is done in our community."
Malik said, "The sunna about what is permitted to an owner of a garden in share-cropping is that he can stipulate to the share-cropper the maintenance of walls, cleaning the spring, sweeping the irrigation canals, pollinating the palms, pruning branches, harvesting the fruit and such things, provided that the share-cropper has a share of the fruit fixed by mutual agreement. However, the owner cannot stipulate the beginning of new work which the agent will start digging a well, raising the source of a well, instigating new planting, or building a cistern whose cost is great. That is as if the owner of the garden said to a certain man, 'Build me a house here or dig me a well or make a spring flow for me or do some work for me for half the fruit of this garden of mine,' before the fruit of the garden is sound and it is halal to sell it. This is the sale of fruit before its good condition is clear. The Messenger of Allah, may Allah bless him and grant him peace, forbade fruit to be sold before its good condition became clear."
Malik said, "If the fruits are good and their good condition is clear and selling them is halal and then the owner asks a man to do one of those jobs for him, specifying the job, for half the fruit of his garden, for example, there is no harm in that. He has hired the man for something recognised and known. The man has seen it and is satisfied with it.
"As for share-cropping, if the garden has no fruit or little or bad fruit, he has only that. The labourer is only hired for a set amount, and hire is only permitted on these terms. Hire is a type of sale. One man buys another man's work from him. It is not good if uncertainty enters into it because the Messenger of Allah, may Allah bless him and grant him peace, forbade uncertain transactions."
Malik said, "The sunna in share- cropping with us is that it can be practised with any kind of fruit tree, palm, vine, olive tree, pomegranate, peach, and soon. It is permitted, and there is no harm in it provided that the owner of the property has a share of the fruit:
Malik said, "Share-cropping is also permitted in any crop which emerges from the earth if it is a crop which is picked, and its owner cannot water, work on it and tend it.
"Share- cropping becomes reprehensible in anything in which share-cropping is normally permitted if the fruit is sound and the good condition is clear and it is halal to sell it. He must share-crop in it the next year. If a man waters fruit whose good condition is clear and it is halal to sell it, and he picks it for the owner, for a share of the crop, it is not sharecropping. It is similar to him being paid in dirhams and dinars. Share-cropping is what is between pruning the palms and when the fruit becomes sound and its sale is halal."
Malik said, "If some one makes a share-cropping contract for fruit trees before the condition becomes clear and its sale is halal, it is share-cropping and is permitted . "
Malik said, "Uncultivated land must not be involved in a share-cropping contract. That is because it is halal for the owner to rent it for dinars and dirhams or the equivalent for an accepted price."
Malik said, "As for a man who gives his uncultivated earth for a third or a fourth of what comes out of it, that is an uncertain transaction because crops may be scant one time and plentiful another time. It may perish completely and the owner of the land will have abandoned a set rent which would have been good for him to rent the land for. He takes an uncertain situation, and does not know whether or not it will be satisfactory. This is disapproved. It is like a man having someone travel for him for a set amount, and then saying, 'Shall I give you a tenth of the profit of the journey as your wage?' This is not halal and must not be done."
Malik summed up,"A man must not hire out himself or his land or his ship unless for a set amount."
Malik said, "A distinction is made between sharecropping in palms and in cultivated land because the owner of the palms cannot sell the fruit until its good condition is clear. The owner of the land can rent it when it is uncultivated with nothing on it."
Malik said, "What is done in our community about palms is that they can also be share-cropped for three and four years, and less or more than that."
Malik said, "That is what I have heard. Any fruit trees like that are in the position of palms. Contracts for several years are permissible for the sharecropper as they are permissible in the palms."
Malik said about the owner, "He does not take anything additional from the share-cropper in the way of gold or silver or crops which increases him. That is not good. The share-cropper also must not take from the owner of the garden anything additional which will increase him of gold, silver, crops or anything. Increase beyond what is stipulated in the contract is not good. It is also not good for the lender of a qirad to be in this position. If such an increase does enter share- cropping or quirad, it becomes by it hire. It is not good when hire enters it. Hire must never occur in a situation which has uncertainty in it."
Malik spoke about a man who gave land to another man in a share-cropping contract in which there were palms, vines, or the like of that of fruit trees and there was also uncultivated land in it. He said, "If the uncultivated land is secondary to the fruit trees, either in importance or in size of land, there is no harm in share-cropping. That is if the palms take up two-thirds of the land or more, and the uncultivated land is a third or less. This is because when the land that the fruit trees take up is secondary to the uncultivated land and the cultivated land in which the palms, vines or the like is a third or less, and the uncultivated land is two-thirds or more, it is permitted to rent the land and share-cropping in it is haram."
"One of the practices of people is to give out sharecropping contracts on property with fruit trees when there is uncultivated land in it, and to rent land while there are fruit trees on it, just as a Qur'an or sword which has some embellishment on it of silver is sold for silver, or a necklace or ring which have stones and gold in them are sold for dinars. These sales continue to be permitted. People buy and sell by them. Nothing described or instituted has come on that which if exceeded, makes it haram, and if fallen below makes it halal. What is done in our community about that is what people practise and permit among themselves. That is, if the gold or silver is secondary to what it is incorporated in, it is permitted to sell it. That is, if the value of the blade, the Qur'an, or the stones is two-thirds or more, and the value of the decoration is one-third or less."
| Sunnah.com reference | : Book 33, Hadith 2 |
| USC-MSA web (English) reference | : Book 33, Hadith 2 |
| Arabic reference | : Book 33, Hadith 1392 |
| Reference | : Al-Adab Al-Mufrad 313 |
| In-book reference | : Book 15, Hadith 5 |
| English translation | : Book 15, Hadith 313 |
| Sunnah.com reference | : Book 2, Hadith 337 |
| English translation | : Book 2, Hadith 0 |
| Arabic reference | : Book 2, Hadith 429 |
| Sunnah.com reference | : Book 2, Hadith 417 |
| English translation | : Book 2, Hadith 489 |
| Arabic reference | : Book 2, Hadith 491 |
Yahya related to me from Zayd ibn Aslam from Ata ibn Yasar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Zakat is not permissible for someone who is not in need except for five:
Malik said, "The position with us concerning the dividing up of zakat is that it is up to the individual judgement of the man in charge (wali). Whichever categories of people are in most need and are most numerous are given preference, according to how the man in charge sees fit. It is possible that that may change after one year, or two, or more, but it is always those who are in need and are most numerous that are given preference, whatever category they may belong to. This is what I have seen done by people of knowledge with which I am satisifed."
Malik said, "There is no fixed share for the collector of the zakat, except according to what the imam sees fit."
| USC-MSA web (English) reference | : Book 17, Hadith 30 |
| Arabic reference | : Book 17, Hadith 607 |
Yahya related to me from Malik, from 'Abdullah ibn Abi Bakr ibn Muhammad, that Amra bint 'Abd ar-Rahman told him that Ziyad ibn Abi Sufyan once wrote to A'isha, the wife of the Prophet, may Allah bless him and grant him peace, saying, "'Abdullah ibn Abbas said that whatever was haram for some one doing hajj was also haram for some one who sent a sacrificial animal until the animal was sacrificed. I have sent one, so write and tell me what you say about this, or tell the man in charge of the animal what to do.
Amra said that A'isha said, "It is notas Ibn Abbas has said. I once plaited the garlands for the sacrificial animal of the Messenger of Allah, may Allah bless him and grant him peace, with my own two hands. Then after that the Messenger of Allah, may Allah bless him and grant him peace, himself put the garlands on the animal and then sent it with my father. And there was nothing that Allah had made halal forthe Messenger of Allah, may Allah bless him and grant him peace, that was haram for him until such time as the animal had been sacrificed."
| USC-MSA web (English) reference | : Book 20, Hadith 52 |
| Arabic reference | : Book 20, Hadith 757 |
| Grade: | Hasan (Darussalam) |
| Reference | : Jami` at-Tirmidhi 94 |
| In-book reference | : Book 1, Hadith 94 |
| English translation | : Vol. 1, Book 1, Hadith 94 |
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1933 |
| In-book reference | : Book 27, Hadith 39 |
| English translation | : Vol. 4, Book 1, Hadith 1933 |
"Abayah bin Rifa'ah bin Rafi' met me while I was walking to the Friday prayer. He said: 'Have glad tidings, for indeed these footsteps of yours are in the cause of Allah. I heard Abu 'Abs say: "The Messenger of Allah (saws) said, 'Whoever get his two feet dusty in the path of Allah, then they are prohibited for the Fire.'"
[Abu 'Eisa said:] This Hadith is Hasan Sahih Gharib. Abu 'Abs's name is 'Abdur-Rahman bin Jabr. There are narrations on this topic from Abu Bkar and a man from the Companions of the Prophet (saws).
He said: Yazid bin Abi Maryam is a man from Ash-Sham. Al-Walid bin Muslim, Yahya bin Hamzah, and some others among the people of Ash-Sham report from him.
Buraid bin Abi Maryam is form Al-Kufah. His father is one of the Companions of the Prophet (saws) whose name was Malik bin Rabi'ah. [Buraid bin Abi Maryam heard from Anas bin Malik. Abu Ishaq Al-Hamdani, 'Ata bin As-Sa'ib, Yunus bin Abi Ishaq, and Shu'bah reported Ahadith from Buraid bin Abi Maryam].
| Grade: | Sahih (Darussalam) |
| Reference | : Jami` at-Tirmidhi 1632 |
| In-book reference | : Book 22, Hadith 14 |
| English translation | : Vol. 3, Book 20, Hadith 1632 |
| Grade: | Hasan (Darussalam) [ al-Bukhari (2730)] (Darussalam) |
| Reference | : Musnad Ahmad 90 |
| In-book reference | : Book 2, Hadith 9 |
| Grade: | A Hasan hadeeth] Abdur-Rahman (Darussalam) |
| Reference | : Musnad Ahmad 613 |
| In-book reference | : Book 5, Hadith 50 |
| Grade: | Isnād Hasan (Zubair `Aliza'i) | حسن (الألباني) | حكم : |
| إسنادہ حسن (زبیر علی زئی) |
| Reference | : Mishkat al-Masabih 130 |
| In-book reference | : Book 1, Hadith 123 |
| مُتَّفَقٌ عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 2847 |
| In-book reference | : Book 11, Hadith 85 |
| مُتَّفق عَلَيْهِ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 3555 |
| In-book reference | : Book 17, Hadith 1 |
| صَحِيح (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1200 |
| In-book reference | : Book 4, Hadith 616 |
| صَحِيحٌ (الألباني) | حكم : |
| Reference | : Mishkat al-Masabih 1323 |
| In-book reference | : Book 4, Hadith 732 |